R. v. Gillis

R. v. Gillis

On these facts a fit sentence is 9 years custody; defendant is entitled to enhanced pre-sentence remand credit at 1.5 days per day served since arrest (699 days = 1048 days credit) because loss of parole and programming on remand constituted circumstances justifying enhancement; mere or ordinary provocation does not...

Source-derived case information.

Citation
2018 NSSC 22
Parties
Crown: Her Majesty the Queen; Accused: Benjamin Joshua Gillis
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 January 2018
Procedural Posture
Criminal Manslaughter / Sentencing After Guilty Plea
Outcome
Guilty plea accepted to manslaughter; sentence imposed.
Legal Topics
Manslaughter, Pre Sentence Remand Credit, Provocation, Aggravating and Mitigating Factors, DNA Order, Firearms Prohibition, Victim Fine Surcharge
Source Language
english
Criminal Law Sentencing Manslaughter Pre Sentence Remand Credit Provocation Aggravating and Mitigating Factors DNA Order Firearms Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Benjamin Joshua Gillis

Accused

Procedural Posture

Criminal Manslaughter / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for manslaughter
  2. 2 Whether enhanced pre-sentence remand credit (1.5:1) is justified
  3. 3 Whether ordinary or 'mere' provocation is a mitigating factor in manslaughter sentencing

Ratio Decidendi

On these facts a fit sentence is 9 years custody; defendant is entitled to enhanced pre-sentence remand credit at 1.5 days per day served since arrest (699 days = 1048 days credit) because loss of parole and programming on remand constituted circumstances justifying enhancement; mere or ordinary provocation does not mitigate manslaughter unless it meets s.232 or equivalent common law criteria; mandatory DNA order, lifetime firearms/explosives/ammunition prohibition and $200 victim fine surcharge are imposed.

Court Disposition

Guilty plea accepted to manslaughter; sentence imposed.

Orders

  • Sentence of 9 years custody (3287 days) in a federal penitentiary
  • Pre-sentence custody credit awarded at 1.5 days for each day served since 2016-03-02: 699 days served = 1048 days credit